16 Ga. App. 163

6205.

Stephens v. The State.

Decided March 23, 1915.

Certiorari; from Taliaferro superior court — Judge Walker. November Í4, 1914.

J. A. Beazley, for plaintiff in error.

B. 0. Norman, solicitor-general, contra.

Russell, C. J.

1. The decisions of the Supreme Court holding that “it is error for the judge of the superior court, on the hearing of a petition for certiorari, to render a final judgment in a case where there is con- . flict in the evidence as to material facts in issue can, in the nature of things, only apply to a case where the petition for certiorari is sustained, and not to one where the petition is overruled.” Ford v. Price & Lucas Co., 116 Ga. 793 (43 S. E. 69).

2. Where in a certiorari there is no other question of law. presented than that the verdict rendered by the jury in the county court was without evidence to support it, and it appears that the verdict so rendered is supported by some evidence, it is not error for the judge of the superior court to dismiss the certiorari. Civil Code, § 5201.

Judgment affirmed.

Stephens v. State
16 Ga. App. 163

Case Details

Name
Stephens v. State
Decision Date
Mar 23, 1915
Citations

16 Ga. App. 163

Jurisdiction
Georgia

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